Another option for Judge Merchan with respect to sentencing: Interim Supervised Probation. [View all]

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There has been lots of speculation in the media and on line, including here, as to what sort of sentence Trump will receive from Judge Merchan. It seems like most feel it is likely Trump will get sentenced to period of probation, although some suggest he could get house arrest, community service, and/or a period of incarceration.

One option I haven't seen mentioned, even by the "experts" is something called "Interim Supervised Probation". It is described by the New York Office of Probation and Correctional Alternatives as follows: "When the court determines that a person is eligible for a probation sentence and the defendant agrees, the court may adjourn the sentencing for up to one year from the date of conviction by virtue of a defendant’s plea or a finding of guilt and place a defendant under interim probation supervision. Please note that being placed on interim supervision does not guarantee a sentence to probation at the end of the interim period. In addition, if a defendant satisfactorily completes a term of interim probation supervision, he or she shall receive credit for the time served under the period of interim supervision toward any probation sentence that is subsequently imposed in that case. Interim supervision may be terminated prior to the end of the term and may result in a sentence to incarceration based on the individual’s performance while under interim supervision."

In effect, Judge Merchan could kick the can down the road by giving Trump one year of interim supervised probation, with a final determination of his sentence, including whether it should include a period of incarceration, to be made after that one year period.

https://www.criminaljustice.ny.gov/opca/general_faq.htm#7